IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 22nd day of December, 2023
Present: Sri. Manulal V.S, President
Smt.Bindhu.R, Member
Sri.K.M.Anto, Member
CC No.269/2023 (Filed on 21/08/2023)
Complainant : Panangattu Thomas Antony,
Panangattu House,
Pothodu, Changanacherry P.O,
Kottayam – 686 101.
Vs.
Opposite party : QUBEFIX Digi Serve, Ist Floor, Kurups Tower - 3,
Manipuzha Junction,
Kodimatha,
Kottayam - 686 013.
O R D E R
Smt.Bindhu.R, Member
This complaint is filed under Section 35 of the Consumer Protection Act, 2019.
The complainant’s case is that he had entrusted his laptop with the opposite party Qubefix Digi Serve on 12/12/2022 which was having starting problem and not working. The opposite party demanded Rs.5,900/- as advance payment for servicing the same and on 28/12/2022 the opposite party informed the complainant that they had checked the laptop and found the mother board was burned and need to be replaced with a new one. For the replacement Rs.14,000/- was needed to be paid by the complainant. Until 4th April 2023 the said laptop was not repaired by the opposite party. Despite several communications sent by the complainant the opposite party did not turn up and on 4th April 23 the complainant asked the opposite party to return the laptop and refund the advance. The opposite party returned the laptop and agreed to refund the amount within 10 working days but no refund has been made till date hence the complaint is filed for refund of the amount of Rs.19.900/- along with compensation of Rs.15,000/- and cost of Rs.10,000/-.
Though notice was sent to the opposite party along with the copy of the complaint they did not care to appear before the Commission or to contest the case, hence the opposite party was set ex-parte.
The complainant filed proof affidavit along with two documents which were marked as Exhibits A1 and A2.
Based on the pleadings and evidence on record, we frame the following points to be considered :
- Whether there is any deficiency in service on the part of the opposite party?
2 If so, what are the reliefs to be granted?
POINT Nos. 1 & 2 :-
The case of the complainant is that the laptop purchased by him was damaged on 12/12/2022 and the same was entrusted with the opposite party to get serviced by paying Rs.5,900/- as advance. The opposite party informed that the mother board was damaged and needed to be replaced on 28/12/2022. For purchasing new mother board, the complainant paid Rs.14,000/-. The said laptop was not repaired until 4th April 2023. The complainant demanded the laptop to be returned and the money to be repaid but though the opposite party undertook to pay the amount within 10 days, only the laptop was returned and the money they received was not yet refunded. Hence this complaint is filed for a direction to refund the money and for compensation for the mental agony caused due to the non-service of the laptop by the opposite party.
The complainant has filed Exhibits A1 and A2 which are the job card and payment details. As per Ext.A2, the opposite party has received Rs.19,900/- on 16/02/2023. In the absence of contrary evidence, we presume that the complainant has put forth a genuine complaint regarding the deficiency of service on the part of the opposite party on the basis of the two documents and oral evidence adduced by the complainant by way of affidavit. The opposite party has admitted in the A2 document that the “unit handed over refund to be initiated within 10 working days” on 10- 04-2023. But there is no evidence before us to prove whether the opposite party has made the refund to the complainant.
As the opposite party, after receiving the payment for the service of the laptop has not done any service and returned the laptop but not refunded the amount which amounts to deficiency in service on the part of the opposite party. No contrary evidence is adduced and hence we find that there is inadequacy, imperfection and shortcoming in the quality of the nature and manner of performance of the opposite party in rendering the service to the complainant. The Point Nos. 1 and 2 are found in favour of the complainant. The complaint is allowed vide the following
ORDER
(1) The opposite party is directed to pay Rs.19,900/- (Rupees Nineteen Thousand and Nine Hundred only) to the complainant with an interest @ 9% p.a. from the date 10.04.2023 till realisation.
(2) The opposite party is further directed to pay Rs.5,000/- (Rupees Five Thousand only) towards compensation and Rs.2,000/- (Rupees Two Thousand only) towards litigation cost.
The order shall be complied within 30 days failing which the compensation amount shall carry 9% interest from the date of receipt of copy of the order till the date of realisation.
Pronounced in the Open Commission on this the 22nd day of December, 2023
Smt.Bindhu.R, Member Sd/-
Sri. Manulal V.S, President Sd/-
Sri.K.M.Anto, Member Sd/-
APPENDIX :
Exhibits from the side of the Complainant :
A1 - Copy of Qubefix Job Sheet No.OW_KOT_351
A2 - Copy of Invoice No.INV_KOT_265 dated 16/02/2023
Exhibits from the side of Opposite party :
Nil. By Order,
Sd/-
Assistant Registrar
